1982 Supreme(AP) 286

Andhra Pradesh High Court
Judges : JEEVAN REDDY, A.RAMANUJULU NAIDU
G. Lakshmi - Appellant
Versus
G.V.R. K. Sarvaswara Rao - Respondent
A. A. O. 548/80.
Decided On : 08-20-82
.

Headnote:HINDU MARRIAGE ACT, Sec. 13 (1A) as inserted by amendment Acts of 1964 and 1976 and Sec. 23 (1) (a) - Husband and wife not living together for two years after the decree for restitution of conjugal rights - Husband taking advantage of his own wrong after the decree in driving away the wife from his house - He is not entitled to a decree for divorce.

       HELD: In this case a decree for restitution of conjugal rights was obtained by the appellant-wife under Sec. 9 of the Act on the ground that the husband had without reasonable cause withdraw from her society. After the decree the husband not only not complain with the decree but did positive acts by ill-treating her and finally drove her away from the house. It is not a case of mere noncompliance of the decree but fresh positive acts of wrong. Therefore the respondent husband is not entitled to the relief under Sec. 13 (1 A) of the Act.

       A. A. O. Allowed.